Ms. Schakowsky (for
herself, Ms. Chu,
Ms. Clarke,
Ms. Eshoo,
Mr. Grijalva,
Mr. Gutierrez,
Ms. Hahn, Mr. Honda, Ms. Lee
of California, Mrs. Carolyn B. Maloney
of New York, Ms. Moore,
Mrs. Napolitano,
Mr. Polis,
Mr. Rangel,
Mr. Vargas, and
Ms. Waters) introduced the following
bill; which was referred to the Committee
on the Judiciary, and in addition to the Committees on
Financial Services and
Energy and Commerce, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned

A BILL

To provide protections against violence against immigrant
women, and for other purposes.

1.

Short title

This Act may be cited as the
Violence Against Immigrant Women Act
of 2013.

I

Rulemakings

101.

Rulemaking and
findings with regard to rulemaking

(a)

Rulemaking

Not
later than 180 days after the date of enactment of this Act, the Attorney
General, the Secretary of Homeland Security, and the Secretary of State shall
make rules to implement this Act and the amendments carried out by this Act. To
the extent necessary to ensure that such rules are made in a timely manner, the
rules shall take effect on an interim basis, at the same time that notice and
opportunity for public comment are offered. Access to the relief provided by
this Act and previous Acts listed in subsection (b) is in the public interest,
as necessary to protect health and safety and promulgation of regulations that
take effect on an interim basis falls within the good cause exception in the
Administrative Procedure Act.

(b)

Findings

Not
later than 180 days after the date of enactment of this Act, the Attorney
General, the Secretary of Homeland Security, and the Secretary of State shall
promulgate interim regulations to implement the provisions not amended or
repealed from the Victims of Trafficking and Violence Prevention Act of 2000
(Public Law 106–386), the Violence Against Women Act and Department Justice
Reauthorization Act of 2006 (Public Law 109–162) and the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (Public Law
110–457). Insofar as required to carry out the previous sentence in a timely
manner, such regulations shall be promulgated to take effect on an interim
basis, at the same time that notice and opportunity for public comment are
offered.

II

Protections for
victims

201.

Employment
authorization for immigrant victims

(a)

Findings

Congress finds as follows:

(1)

Congress created
immigration protections for immigrant victims of domestic violence, sexual
assault, stalking, dating violence, human trafficking, and other crime victims
for two important purposes—to facilitate prosecution of perpetrators and to
enhance victim safety.

(2)

The safety of
immigrant victims applying for protection under the Violence Against Women Act
or the Trafficking Victims Protection Act is undermined when government
agencies delay in providing legal work authorization. Immigrant victims’
ability to seek help and to cooperate in the detection, investigation or
prosecution crimes committed against them is enhanced when victims can work
lawfully and sever their economic dependence on the perpetrator.

(3)

When victims know
that they will receive legal work authorization within 180 days of filing their
for victim related immigration relief, victims and their advocates can develop
safety plans that will focus on steps the victim can take to keep herself and
her children safe during the work authorization waiting period. This can
include stays in an emergency shelter and transitional housing, obtaining legal
custody of her children and learning skills that will enhance her
employability.

(4)

The economic
stability that comes from the ability to work lawfully in the United States
reduces victims’ vulnerability to abuse, exploitation and coercion from crime
perpetrators.

(5)

Congress in VAWA
2000 and VAWA 2005 took steps to encourage DHS to grant immigrant crime victims
swift access to legal work authorization. However, as of 2011 73.9% of VAWA
self-petitioners and 93.9% of U-visa applicants endure delays of longer than 6
months before receiving legal work authorization. Of these many wait well over
a year after filing before receiving work authorization—36.7% of VAWA
self-petitioners and 32% of U-visa applicants. These delays harm criminal
prosecutions and endanger victims and their children.

(b)

Employment
authorization for immigrant victims

Section 204(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)) is amended by adding at the end the
following:

(M)

Notwithstanding any provision of this Act
restricting eligibility for employment in the United States, the Secretary of
Homeland Security may grant employment authorization to an alien who has filed
a petition for status as a VAWA self-petitioner or a nonimmigrant described in
section 101(a)(15)(U) on the date that is the earlier of—

by inserting
who was a child of a United States citizen parent (i)(I) who died within
the past 2 years; or (II) who died when the child was under 18 years of age and
the child filed a petition under this subsection not later than 2 years after
the child reached the age of 18 years, or (ii) whose marriage to the child’s
alien parent was terminated, including by divorce, annulment, or by death of
the alien parent or the United States citizen parent before ,
and who is a person of good moral character,; and

(C)

by striking (and any child of the
alien) and inserting (and any spouse or child of the
alien).

by
inserting or who was a child of a lawful permanent resident parent
(I)(aa) who within the past 2 years; or (II) who died when one child was under
18 years of age and the child filed a petition under this subsection no later
than 2 years after the child reached the age of 18 before , and
who is a person of good moral character,; and

(iii)

by striking (and any child of the
alien) and inserting (and any spouse or child of the
alien); and

(B)

in clause
(ii)(II)(aa)(CC)—

(i)

in
subsubitem (aaa), by striking or;

(ii)

in
subsubitem (bbb), by striking the semicolon at the end and inserting ;
or; and

(iii)

by
adding at the end the following:

(ccc)

whose spouse died within the past 2
years.

.

(3)

Self petitioning
by minors

Section
204(a)(1)(D)(v) of the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(D)(v)) is amended by inserting after who is not less than 21
years of age, the following: (and the individual’s spouse and
children).

(4)

Surviving
relatives

Section 204(l) of the Immigration and Nationality Act
(8 U.S.C. 1165(l)) is amended—

(A)

in paragraph (1),
by striking who resided in the United States at the time of the death of
the qualifying relative and who continues to reside in the United
States; and

(B)

in paragraph
(2)(E), to read as follows:

(E)(i)

an alien described in
section 101(a)(15)(T)(ii) whose qualifying relative has been admitted in
nonimmigrant status described in section 101(a)(15)(T)(i);

(ii)

an alien described in section
101(a)(15)(U)(ii) whose qualifying relative has been admitted in nonimmigrant
status described in section 101(a)(15)(U)(i); or

(iii)

an alien who is a VAWA
self-petitioner.

.

(5)

Effective
dates

(A)

In
general

Except as provided in
subparagraph (B), the amendments made by paragraphs (1) and (2) shall take
effect on the date of enactment of this Act and shall apply to petitions filed
on or after that date.

(B)

Transition in
case of citizen parents who died before enactment

In applying the
amendments made by paragraphs (1) and (2)(A) in the case of an alien whose
citizen or lawful permanent resident parent died during the period beginning on
the date that is 2 years prior to the date of enactment of Violence Against
Women Reauthorization Act of 2005, and ending on the date of enactment of this
Act—

(i)

section
204(a)(1)(A)(iv) and section 204(a)(1)(B)(iii) of the Immigration and
Nationality Act shall each be applied as though the phrase within the
past two years were the period described in section 202(d)(5)(B)
of the Violence Against Immigrant Women Act of 2012;

(ii)

a
petition under either such section shall be filed not later than the later
of—

(I)

2
years after the date of enactment of this Act; or

(II)

the 2 years after
the date the alien attains 18 years of age; and

(iii)

the
determination of eligibility of an alien child for benefits under either such
section (including under section 204(a)(1)(D) of such Act, by reason of a
petition authorized under such section) shall be determined as of the date of
the death of the citizen or lawful permanent resident parent.

in clause (ii), by
striking the period at the end and inserting ; or; and

(C)

by adding at the
end the following:

(iii)

was apprehended without a parent or legal
guardian and is not reunified with a parent or legal guardian within 72 hours
thereafter.

;
and

(2)

by adding at the
end the following:

(h)

Reunification with a parent or legal
guardian or next friend does not affect the child’s unaccompanied status for
the duration of the child’s immigration
proceedings.

.

(c)

Providing safe
and secure placements for children

Section 235(c)(2) of the Trafficking
Victims Protection Reauthorization Act of 2008 is amended by adding at the end
the following: The Secretary of Homeland Security shall permit the
continuation of care plans developed by the Office of Refugee Resettlement’s
division of Unaccompanied Children’s Services to ensure their continued
protected status after they turn 18, in an arrangement that is the least
restrictive possible. The provisions of this paragraph apply to an
unaccompanied alien child until such child attains 21 years of age, including
those provisions providing for continued authorization of placement of that
child..

(d)

Providing safe
and secure placements for children

Section 235(c)(1) of the Trafficking
Victims Protection Reauthorization Act of 2008 is amended to read as
follows:

(1)

Policies and
programs

(A)

In
general

The Secretary of Health and Human Services, Secretary of
Homeland Security, Attorney General, and Secretary of State shall establish
policies and programs to ensure that unaccompanied alien children in the United
States are protected from traffickers and other persons seeking to victimize or
otherwise engage such children in criminal, harmful, or exploitative activity,
including policies and programs reflecting best practices in witness security
programs.

(B)

Confidentiality
of information

In order to protect unaccompanied alien children
in the United States, information acquired by any person, including officers or
employees of the Department of Health and Human Services, case managers, or
others in connection with providing services or treatment to children in the
custody of the Secretary of Health and Human Services, including any contracted
social service entity, shall have be afforded confidentiality protections under
VAWA confidentiality (8 U.S.C. 1367) and the Health Insurance Portability and
Accountability
Act.

.

(e)

Eligibility for
special immigrant juvenile status

(1)

Age and court
jurisdiction

Section
235(d)(6) of the Trafficking Victims Protection Reauthorization Act of 2008 is
amended to read as follows:

(6)

Transition
rule

Notwithstanding any
other provision of law, an alien described in section 101(a)(27)(J) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)) may not be denied
special immigrant status under such section or have such status revoked after
the date of the enactment of this Act based on age or whether the alien
continues to be under State or juvenile court jurisdiction if the alien was a
child and under State or juvenile court jurisdiction on the date on which the
alien applied for such
status.

by inserting after
State law the following: regardless of whether the
immigrant lives with the non-offending parent;; and

(C)

by inserting after
custody of the following: a non-offending parent of the
immigrant.

(f)

Counting of
trafficking victims and benefits for U-Visa holders and families

Section 107(b)(1)(B) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)) is amended by adding
and victims of human trafficking who qualify for other forms of
immigration relief after 101(a)(15)(T)(ii).

for more than 32 hours shall be subject to
a rebuttable presumption that they are withholding the passport of another
person against that persons will in violation of this section, but it is not a
violation of this section to obtain a person’s passport for up 32 hours for the
purpose of complying with Federal or State government
requirements;

in subparagraph
(A), by striking The number and inserting Except as
provided in subparagraph (C), the number; and

(B)

by adding at the
end the following:

(C)

Beginning in fiscal year 2012, if the
numerical limitation set forth in subparagraph (A) is reached before the end of
the fiscal year, up to 5,000 additional visas, of the aggregate number of visas
that were available and not issued to nonimmigrants described in section
101(a)(15)(U) in fiscal years 2006 through 2011, may be issued until the end of
the fiscal
year.

.

(2)

Sunset
date

The amendments made by paragraph (1) are repealed on the
date on which the aggregate number of visas that were available and not issued
in fiscal years 2006 through 2011 have been issued pursuant to section
214(p)(2)(C) of the Immigration and Nationality Act.

(3)

Age
determinations

Section 214(p) of the Immigration and Nationality Act (8 U.S.C. 1184(p)) is amended by adding at the end the following:

(7)

Age
determinations

(A)

Children

An unmarried alien who seeks to accompany, or follow to join, a parent granted status under section 101(a)(15)(U)(i), and who was under 21 years of age on the date on which such parent petitioned for such status, shall continue to be classified as a child for purposes of section 101(a)(15)(U)(ii), if the alien attains 21 years of age after such parent’s petition was filed but while it was pending.

(B)

Principal
aliens

An alien described in clause (i) of section 101(a)(15)(U) shall continue to be treated as an alien described in clause (ii)(I) of such section if the alien attains 21 years of age after the alien’s application for status under such clause (i) is filed but while it is pending.

.

(4)

Petitioning
procedures for U visas

Section 214(p)(1) of the Immigration and
Nationality Act (8 U.S.C. 1154(p)) is amended by inserting
Certifications may be signed by the head of the agency or any agency
staff member designated by such agency head to sign certifications.
before The certification may also.

(e)

VOCA as U-Visa
Certifiers

Section 203(j) through section 214(p) of the
Immigration and Nationality Act (8 U.S.C. 1153(j) through 8 U.S.C. 1184(p)) is
amended by inserting administrator of crime victim assistance under the
Comprehensive Crime Control Act of 1984 (42 U.S.C. 10602), after
prosecutor, judge, each place it appears.

204.

Battered spouse
and family member protections and nonimmigrants

(a)

Exception from
foreign residence requirement for educational visitors

(1)

In
general

Section 212(e) of the Immigration and Nationality Act (8
U.S.C. 1182(e)) is amended, in the matter before the first proviso, by
inserting unless the alien is a VAWA self-petitioner or an applicant for
nonimmigrant status under 101(a)(15)(T) or (U) after for an
aggregate of at least two years following departure from the United
States.

(2)

Effective
date

The amendment made by this paragraph shall apply to aliens
regardless of whether the foreign residence requirement under section 212(e) of
the Immigration and Nationality Act arises out of an admission or acquisition
of status under section 101(a)(15)(J) of such Act, before, on, or after the
date of enactment of this Act.

in subclause
(I)(bb), by inserting or to conclude in a valid marriage after
intended by the alien to be legally a marriage;

(2)

in
subclause (II)(aa)—

(A)

by striking
or at the end of subitem (BB);

(B)

by inserting
or at the end of subitem (CC); and

(C)

by adding at the
end the following new subitem:

(DD)

who entered the United States as an alien
described in section 101(a)(15)(K) with the intent to enter into a valid
marriage and the alien (or child of the alien) was battered or subject to
extreme cruelty by the United States citizen who filed the petition to accord
status under such
section;

;

(3)

in subclause
(II)(cc)—

(A)

by striking
or who and inserting , who; and

(B)

by inserting
, or who is described in subitem (aa)(DD) before the semicolon;
and

(4)

in subclause
(II)(dd) by inserting or who is described in subitem (aa)(DD)
before the period.

(c)

Exception from
requirement To depart

Section 214(d)(1) of the Immigration and
Nationality Act (8 U.S.C. 1184(d)(1)) is amended by inserting before the period
at the end the following: unless the alien (and the child of the alien)
entered the United States as an alien described in section 101(a)(15)(K) with
the intent to enter into a valid marriage and the alien or child was battered
or subjected to extreme cruelty by the United States citizen who filed the
petition to accord status under such section.

(d)

Effective
date

The amendments made by this subsection shall apply to aliens
admitted before, on, or after the date of enactment of this Act.

the alien entered the United States as an
alien described in section 101(a)(15)(K) with the intent to enter into a valid
marriage and the alien (or the child of the alien who is described in such
section) was battered or subject to extreme cruelty by the United States
citizen who filed the petition to accord status under such
section;

.

(2)

Exception to
restriction on adjustment of status

The second sentence of
section 245(d) of the Immigration and Nationality Act (8 U.S.C. 1255(d)) is
amended by inserting before the period the following: , unless the alien
is described in section 204(a)(1)(A)(iii)(II)(aa)(DD).

(3)

Application
under suspension of deportation

Section 244(a)(3) of such Act (8
U.S.C. 1254(a)(3)) (as in effect on March 31, 1997) shall be applied (as if in
effect on such date) as if the phrase is described in section
240A(b)(2)(A)(i)(IV) or were inserted before has been
battered the first place it appears.

(4)

Effective
date

The amendments made by this subsection shall take effect on
the date of the enactment of this Act and shall apply to aliens admitted
before, on, or after such date.

(f)

Visa waiver
entrants

(1)

In
general

Section 217(b)(2) of the Immigration and Nationality Act
(8 U.S.C. 1187(b)(2)) is amended by inserting as a VAWA self-petitioner
or for relief under section 101(a)(15)(T) or (U), under section 240A(b)(2), or
under section 244(a)(3) (as in effect on March 31, 1997), after
asylum,.

(2)

Effective
date

The amendment made by paragraph (1) shall take effect on the
date of the enactment of this Act and shall apply to waivers provided under
section 217(b)(2) of the Immigration and Nationality Act before, on, or after
such date as if it had been included in such waivers.

in clause
(iii)(I)(bb) by striking during the marriage or relationship intended by
the alien to be legally a marriage,;

(B)

in clause
(iii)(II)(aa)(CC)(bbb) by striking related to an incident of domestic
violence;

(C)

in clause
(iii)(II)(aa)—

(i)

by
striking subitem (CC)(ccc); and

(ii)

by
inserting after (CC) the following:

(DD)

who was a bona fide spouse of a United
States citizen whose marriage was legally terminated. Applications under this
subsection must be filed within 2 years beginning on the date that the alien
spouse receives actual notice of the final court order legally terminating the
marriage;

in clause
(ii)(I)(bb) by striking during the marriage or relationship intended by
the alien to be legally a marriage,;

(B)

in clause
(ii)(II)(aa), by striking subitem (CC), and inserting the following:

(CC)

who was a bona fide spouse of a lawful
permanent resident within the past two years and whose spouse lost status
within the past 2 years due to an incident of battering or extreme cruelty;
or

(DD)

who was a bona fide spouse of a lawful
permanent resident whose marriage was legally terminated. Applications under
this subsection must be filed within 2 years beginning on the date that the
alien spouse receives actual notice of the final court order legally
terminating the marriage;

;
and

(C)

in clause
(ii)(II)(dd) is amended by inserting at any time before
resided with.

(c)

Survival of
rights to self-Petition

Section 204(h) of the Immigration and
Nationality Act (8 U.S.C. 1154(h)) is amended by striking was
approved and inserting has been filed.

(d)

Expansion of
protections

Section 212(d)(5) of the Immigration and Nationality
Act (8 U.S.C. (d)(5)) is amended by adding at the end the following:

(C)

The Secretary of Homeland Security shall
grant parole under subparagraph (A) to the following:

(i)

A
VAWA self-petitioner whose petition was approved based on the petitioner or a
child of the petitioner having been battered or subjected to extreme cruelty by
a United States citizen spouse, parent, or son or daughter.

(ii)

A
VAWA self-petitioner whose petition was approved based on the petitioner or a
child of the petitioner having been battered or subjected to extreme cruelty by
a lawful permanent resident spouse or parent.

(iii)

An alien whose
petition was approved or who qualifies to be classified as a nonimmigrant
described in section 101(a)(15)(U)(ii).

(iv)

The child of an
alien described in clauses (i), (ii), (iii), or (iv) of this subsection who is
outside of the United States.

(v)

The child of an
alien described in clauses (v) of this subsection who is outside of the United
States.

(D)

The grant of parole under clause (i), (ii),
or (iii) of subparagraph (C) shall extend from the date of approval of the
applicable petition to the time the application for adjustment of status filed
by aliens covered under such subparagraphs has been finally adjudicated.
Applications for adjustment of status filed by aliens covered under such
clauses shall be treated as if they were applications filed under section
204(a)(1)(A)(iii), (A)(iv), (B)(ii), or (B)(iii) for purposes of section 245(a)
and (c). The grant of parole under subparagraph clause (iv) or (v) of such
subparagraph shall extend from the date of the determination of the Secretary
of State described in such subparagraph to the time the application for status
under section 101(a)(15)(U)(ii) has been finally adjudicated. Failure by any
alien covered by subparagraph (C) to exercise due diligence in filing a visa
petition on the alien’s behalf may result in revocation of
parole.

An alien may file a petition with the
Secretary under this subparagraph for classification of the alien (and any
spouse or child of the alien) if the alien demonstrates to the Secretary that
the alien has been battered by or has been the subject of extreme cruelty
perpetrated by the alien's citizen parent and that the alien—

(I)(aa)

is the child or
incapacitated son or daughter of a citizen of the United States;

(bb)

was a child or incapacitated son or
daughter of a United States citizen parent who within the past 2 years lost or
renounced citizenship status;

(cc)

who believed that he or she was the
child of a citizen of the United States—

(AA)

because a marriage ceremony was actually
performed between the U.S. citizen and alien’s other parent; and

(BB)

the alien’s other parent otherwise meets
any applicable requirements under this Act to establish the existence of and
bona fides of a marriage, but the marriage is not legitimate solely because of
the bigamy of such citizen of the United States; or

(dd)

was a child of a United States
citizen parent—

(AA)

who within the past 2 years (or, if later,
2 years after the date the child attains 18 years of age) died; or

(BB)

whose marriage to the alien’s parent was
terminated, including by divorce, annulment, or by death of the natural parent
or the abusive stepparent;

An alien may file a petition with the
Secretary under this subparagraph for classification of the alien (and any
spouse or child of then alien) under such section if the alien demonstrates to
the Secretary that the alien has been battered by or has been the subject of
extreme cruelty perpetrated by the alien's permanent resident parent and that
the alien—

(I)(aa)

is the child or
incapacitated son or daughter of an alien lawfully admitted for permanent
residence;

(bb)

was the child or incapacitated son or
daughter of a lawful permanent resident who within the past 2 years lost lawful
permanent resident status;

(cc)

believed that he or she was a child
of an alien stepparent lawfully admitted for permanent residence—

(AA)

because a marriage ceremony was actually
performed between the lawful permanent resident and alien’s other parent;
and

(BB)

the alien’s other parent otherwise meets
any applicable requirements under this Act to establish the existence of and
bona fides of marriage, but the marriage is not legitimate solely because of
the bigamy of such alien lawfully admitted for permanent residence; or

(dd)

was a child of a lawful permanent
resident—

(AA)

who within the past 2 years (or, if later,
2 years after the date the child attains 18 years of age) died; or

(BB)

whose marriage to the alien child’s parent
was terminated, including by divorce, annulment, or by death of the natural
parent or the abusive stepparent;

in subsection
(c)(5)(C)(i)(VII)(aa), as amended by section 1510(b) of the Violence Against
Women Act of 2000—

(A)

by striking
or at the end of subitem (BB);

(B)

by striking
and at the end of subitem (CC) and inserting or;
and

(C)

by adding at the
end the following new subitem:

(DD)

at the time at which the spouse or child
files an application for suspension of deportation or cancellation of removal;
and

;

(2)

in subsection (f), in paragraph (1), by
inserting including subsections (VI) and (VII) after the
alien is described in subsection (c)(5)(C)(i) of this section;
and

(3)

in subsection
(g)—

(A)

by inserting
(1) before Notwithstanding;

(B)

by inserting
subject to paragraph (2), after section 101(a) of the
Immigration and Nationality Act)),; and

(C)

by adding at the
end the following new paragraph:

(2)

There shall be no limitation on a motion to
reopen removal or deportation proceedings in the case of an alien who is
described in subclause (VI) or (VII) of subsection (c)(5)(C)(i). Motions to
reopen removal or deportation proceedings in the case of such an alien shall be
handled under the procedures that apply to aliens seeking relief under section
204(a)(1)(A)(iii) of the Immigration and Nationality
Act.

by inserting after (other than
through the death of the spouse) the following: , or the alien
has filed for termination of marriage and shall furnish proof of termination
prior to the time of adjudication,; and

(B)

by striking
or at the end;

(2)

in subparagraph
(C) by striking the period and inserting , or; and

(3)

after subparagraph
(C) by inserting the fol1lowing new subparagraph:

(D)

the alien meets
the requirements under section 204(a)(1)(A)(iii)(II)(aa)(BB) and following the
marriage ceremony has been battered by or was subject to extreme cruelty
perpetrated by his or her intended spouse and was not at fault in failing to
meet the requirements of paragraph
(1).

.

(b)

Technical
corrections

Section 216(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1186a(c)(4)), as amended by subsection (a), is further amended—

(1)

in the matter
preceding subparagraph (A), by striking The Attorney General, in the
Attorney General's and inserting The Secretary of Homeland
Security, in the Secretary's; and

(2)

in the
undesignated paragraph at the end—

(A)

in the first
sentence, by striking Attorney General and inserting
Secretary of Homeland Security;

(B)

in the second sentence, by striking Attorney General and inserting Secretary;

(C)

in the third sentence, by striking Attorney General. and inserting Secretary.; and

(D)

in the fourth sentence, by striking Attorney General and inserting Secretary.

(c)

Grounds for
relief

Such section is further amended by adding at the end the
following: An application for relief under this paragraph may be based
on one or more grounds specified in subparagraphs (A) through (D) and may be
amended at any time to change the ground or grounds for such relief without the
application being resubmitted..

(d)

Conforming
amendment

Section 237(a)(1)(H)(ii) of such Act (8 U.S.C.
1227(a)(1)(H)(ii)) is amended by inserting before the period at the end the
following: or qualifies for a waiver under section
216(c)(4).

(e)

Proof of
termination of the marriage due at final adjudication the hardship
waiver

Section 216(c)(4)(B) is amended by inserting or the
alien has filed for termination of marriage and will furnish proof of
termination by the time of adjudication after terminated (other
than through the death of the spouse);

(f)

Children of
conditional residents

In the case of an alien who meets the
requirements of subsection (c) the Secretary may adjust the status of any child
of the alien as immediate relatives under section 201(b)(2)(A)(i) (8 U.S.C.
1151).

(g)

Effective
dates

(1)

The amendments
made by subsection (a) shall apply as if included in the enactment of the
Violence Against Women Act of 2000.

(2)

The amendments
made by subsections (b) and (c) shall apply to applications for relief pending
or filed on or after April 10, 2003.

(3)

The amendments
made by subsections (d) and (e) shall take effect upon enactment.

207.

Asylum
protections for victims of violence against women

(a)

Section 101(a)(42)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)) is amended by
adding at the end the following:

For purposes of determinations under this
Act, any group whose members share a characteristic that is either immutable or
fundamental to identity, conscience, or the exercise of one’s human rights such
that the person should not be required to change it, shall be deemed a
particular social group, without any additional
requirement.

.

(b)

Section
208(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(B)) is
amended by inserting a new clause (iii), as follows, and renumbering
thereafter:

(iii)

Supporting
evidence accepted

Direct or circumstantial evidence, including
evidence that the State is unable to protect the applicant or that the State,
legal or social norms tolerate such persecution against persons like the
applicant, may establish that persecution is on account of race, religion,
nationality, membership in a particular social group, or political
opinion.

Subparagraph
(A) shall not apply to an alien who is otherwise eligible for classification or
status as a VAWA self-petitioner, as described in section 101(a)(51) of this
Act, or who is otherwise eligible for status either under section 101(a)(15)(T)
or section 101(a)(15)(U) of this
Act.

was the spouse of
a refugee within the meaning of section 101(a)(42)(A) at the time the asylum
application was granted; or

(C)

was the child of a
refugee within the meaning of section 101(a)(42)(A) at the time the asylum
application was
filed,

.

(2)

Effective
date

The amendments made by paragraph (1) shall take effect on
the date of the enactment of this Act and—

(A)

section
209(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1159(b)(3)(B)),
as added by paragraph (1)(B), shall apply to spouses of refugees for whom an
asylum application is granted before, on, or after such date; and

(B)

section
209(b)(3)(C) of such Act (8 U.S.C. 1159(b)(3)(C)), as so added, shall apply
with respect to the child of a refugee for whom an asylum application is filed
before, on, or after such date.

(e)

Children of
refugee or asylee spouses and children

A child of an alien who
qualifies for admission as a spouse or child under section 207(c)(2)(A) or
208(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1157(c)(2)(A) and
1158(b)(3)) shall be entitled to the same admission status as such alien if the
child—

by redesignating
subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively;

(3)

in subparagraph
(B), as redesignated, by striking (D) and inserting
(C);

(4)

by striking
subparagraph (C), as redesignated, and inserting the following:

(C)

Changed
circumstances

Notwithstanding subparagraph (B), an application
for asylum of an alien may be considered if the alien demonstrates, to the
satisfaction of the Attorney General, the existence of changed circumstances
that materially affect the applicant’s eligibility for
asylum.

;
and

(5)

by striking
subparagraph (E).

(g)

Protections for
Minors Seeking Asylum

Section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158) is amended—

(1)

in subsection
(a)(2), by adding at the end the following:

(D)

Applicability to
minors

Subparagraphs (A) and (B) do not apply to an applicant who
is younger than 18 years of age on the earlier of—

by inserting
or the Attorney General after Secretary of Homeland
Security; and

(2)

by striking the
language following clause (i) and inserting for
humanitarian purposes, to assure family unity, when it is otherwise in the
public interest, or in the case of an alien who is applying for or has a claim
of relief as a VAWA self-petitioner.

(c)

Exemption from
public charge ground

(1)

In
general

Section 212(a)(4) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(4)) is amended by adding at the end the following new
subparagraph:

(E)

Special rule for
qualified alien victims

Subparagraphs (A) through (C) shall not
apply to an alien who is a VAWA self-petitioner, is an applicant or has been
granted status under section 101(a)(15)(U), or is a qualified alien described
in section 431(c) of the Personal Responsibility and Work Opportunity
Reconciliation Act of
1996.

An
alien who is a VAWA self-petitioner shall not be considered to be inadmissible
under any provision of this subsection based on such
representation.

.

(2)

Section 101(f) of
the Immigration and Nationality Act (8 U.S.C. 1101(f)) is amended—

(A)

in the last
sentence of this subsection, by striking , after or
violation that he or she was a citizen; and

(B)

by inserting
; or the alien is a VAWA self-petitioner; after violation
that he or she was a citizen.

(e)

Waiver for
certain VAWA self-Petitioners

Section 212(d)(11) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(11)) is amended by adding at
the end the following: The Attorney General may waive the application of
clause (i) of subsection (a)(6)(E) in the case of an alien who is a VAWA
self-petitioner..

(f)

Waiver
authorized

Section 212(a)(9)(A) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(9)(A)) is amended by adding at the end the
following new clause:

(iv)

waiver for VAWA
self-petitioner

The Attorney
General or the Secretary may waive the application of clauses (i) or (ii) if
the alien is applying for relief as a VAWA
self-petitioner.

.

(g)

Conforming
relief in suspension of deportation parallel to the relief available in the
Violence Against Women Act of 2000 cancellation for bigamy

(1)

In
general

Section 244(a)(3) of the Immigration and Nationality Act
(8 U.S.C. 1254a(a)(3)) (as in effect before the title III–A effective date in
section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996) shall be applied as if or by a United States citizen or lawful
permanent resident whom the alien intended to marry, but whose marriage is not
legitimate because of that United States citizen’s or permanent resident’s
bigamy were inserted after by a spouse or parent who is a United
States citizen or lawful permanent resident.

(2)

Effective
date

The provisions of
paragraph (1) shall apply as if included in the enactment of the Violence
Against Women Act of 2000.

in the first
clause by deleting and parents— and adding parents,
trafficking victims and crime victims—;

(2)

by amending
subclause (I) to read as follows:

(I)

if the basis for
this motion is to apply for relief under sections 101(a)(15)(T), 101(a)(15(U),
245(a), 245(c), 245(l), 245(m), 240A(b)(2), and section 244(a)(3) (as in effect
on March 31, 1997) or as a VAWA
self-petitioner;

;

(3)

by amending
subclause (II) to read as follows:

(II)

if the motion is
accompanied by a cancellation of removal or adjustment of status application to
be filed with the Attorney General or by a copy of the self-petition, or the
application for relief under 101(a)(15)(T) or (U), that has been or will be
filed with the Department of Homeland Security upon the granting of the motion
to reopen; and

;
and

(4)

in the last
paragraph of this section—

(A)

by inserting
or an alien who qualifies for classification under 101(a)(15(U)
after Act of 1996 (8 U.S.C. 1641(c)(1)(B)); and

(B)

by inserting
or an alien that qualifies for classification under
101(a)(15)(U).

(i)

In
general

Section 241 of the Immigration and Nationality Act (8
U.S.C. 1231) is amended by adding at the end the following new
subsection:

(h)

Any alien with a
pending application under 101(a)(15)(T)(i) or T(i), 101(a)(15)(U)(i) or
(U)(ii), 101(a)(51), 240A(b)(2), or 244(a)(3) (as in effect on March 31, 1997),
shall not be ordered removed under this
section.

.

209.

Naturalization

(a)

In
general

Section 319(a) of the
Immigration and Nationality Act (8 U.S.C. 1430(a)) is amended to read as
follows:

(a)(1)

Any person who
is—

(A)

a spouse of citizen of the United
States; or

(B)

any person who obtained status as a
lawful permanent resident and who was battered or subjected to extreme cruelty
by a United States citizen who is or was a spouse, parent, son or daughter;
and

(2)

may be naturalized—

(A)

upon compliance with all the
requirement of this title except the provisions of paragraph (1) of section
316(a);

(B)

if such person immediately preceding
the date of filing his or her application for naturalization has resided
continuously, after being lawfully admitted for permanent residence, within the
United States for at least three years;

(C)(i)

during the three years
immediately preceding the date of filing his or her application has been living
in marital union with the citizen spouse who has been a United States citizen
during all of such period; and

(ii)

in the case of a person who has been
battered or subjected to extreme cruelty by a United States citizen spouse,
parent, son or daughter, the requirement of subsection (C)(i) shall not apply
regardless of whether the lawful permanent resident status was obtained on the
basis of such battery or cruelty;

(D)

has been physically present in the
United States for periods totally at least half of the time;

(E)(i)

has resided within the
State or district of the Services in the United States in which the applicant
filed his or her application for at least three months; or

(ii)

applications for naturalization filed
under paragraph (a)(1)(B) of this section shall be handled under the procedures
that apply to aliens seeking relief under section 101(a)(51) of the Immigration
and Nationality Act; and

(F)

the provisions of section 204(a)(1)(J)
shall apply in acting on an application under this subsection in the same
manner as they apply in acting on petitions referred to in such
section.

.

(b)

effective
date

The amendments made by
this section shall take effect on the date of the enactment of this Act and
shall apply to applications for naturalization filed before, on, or after the
date of the enactment of this Act.

210.

General
provisions

(a)

Expansion of fee
waivers to consular fees and any fees in removal
proceedings

Section 245(l)(7) of the Immigration and Nationality
Act (8 U.S.C. 1255(l)(7)) is amended to insert the Secretary of State,
an immigration judge, and the Board of Immigration Appeals after
The Secretary of Homeland Security.

(b)

Review of
extreme cruelty

Section 204(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)) is amended by adding at the end the
following:

(M)

For the purposes of this section and in all
cases described in section 101(a)(51), under section 106, under section
240A(b)(2), or under section 244(a)(3) (as in effect on March 31, 1997), the
determination of the existence of extreme cruelty is a question of law applied
to facts and not a discretionary
determination.

.

(c)

Allowing
judicial review in VAWA Cases

Section 242(e)(4) of the
Immigration and Nationality Act (8 U.S.C. 1252(e)(4)) is amended in
subparagraph (A)—

(1)

by striking
or;

(2)

by inserting
or after under section 208,; and

(3)

by adding at the
end the following new subsection:

(C)

is a VAWA
self-petitioner, an applicant for relief under section 101(a)(15)(T) or (U), an
applicant for relief under section 240A(b)(2), or an applicant for relief under
section 244(a)(3) (as in effect on March 31,
1997),

.

(d)

VAWA Unit
Adjudications

Section 101(a)(51) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(51)) is amended by adding at the end the
following new paragraph:

(52)

Applications for relief, adjustment of
status, employment authorization, parole, deferred action, or naturalization,
and all administrative determinations relating to such applications under
paragraphs (15)(T), (15)(U), (27)(J), and (51) of this section, or under
section 106 shall be adjudicated at the VAWA Unit of Vermont Service
Center.

.

211.

Technical
corrections

(a)

Technical
correction

Effective as if included in the enactment of section
1505(c)(2) of Violence Against Women Act of 2000, section 237(a)(1)(H)(i)(II)
of the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(H)(i)(II)) is
amended by striking the period at the end and inserting ;
or.

(b)

Additional
technical correction

Section 237(a)(7)(A)(i)(I) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)(7)(A)(i)(I)) is amended by
striking is self-defense and inserting in
self-defense.

in subparagraph
(A)(iii)(II)(aa)(CC)(bbb), by striking an incident of domestic
violence and inserting battering or extreme cruelty by the
United States citizen spouse;

(2)

in subparagraph
(A)(iv), by striking an incident of domestic violence and
inserting battering or extreme cruelty by such parent;

(3)

in subparagraph
(A)(vii)(I), as added by section 816 of VAWA–2005, is amended by striking
related to an incident of domestic violence and inserting
related to battering or extreme cruelty by the United States citizen son
or daughter;

(4)

in subparagraph
(B)(ii)(II)(aa)(CC)(aaa), by striking due to an incident of domestic
violence and inserting related to battering or extreme cruelty
by the lawful permanent resident spouse; and

(5)

in subparagraph
(B)(iii), by striking due to an incident of domestic violence
and inserting related to battering or extreme cruelty by such
parent.

(d)

Effective
date

The amendments made by subsection (a) shall take effect as
if included in the enactment of the Violence Against Women Act of 2000, except
that the amendment made by subsection (a)(3) shall apply as if included in the
enactment of VAWA–2005.

(e)

Correction of
cross-Reference to credible evidence provisions

(1)

VAWA Suspension
of Deportation

Section
309(c)(5)(C)(iii) of the Illegal Immigration and Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1101
note), as amended by section 1510(b)(2) of the Violence Against Women Act of
2000, is amended by striking 204(a)(1)(H) and inserting
204(a)(1)(J).

(2)

Effective
date

The amendments made by
this section shall take effect as if included in the enactment of the Violence
Against Women Act of 2000.

(f)

Miscellaneous
corrections to VAWA–2005

(1)

In
general

Section 204(a)(1)(D) of the Immigration and Nationality
Act (8 U.S.C. 1154(a)(1)(D)), is amended by striking a petitioner for
preference status under paragraph (1), (2), or (3) of section 203(a), whichever
paragraph is applicable and inserting to continue to be treated
as an immediate relative under section 201(b)(2)(A)(i), or to be a petitioner
for preference status under section 203(a)(3) if subsequently married or a
petitioner for preference status under section 203(a)(2)(A), whichever is
applicable.

(2)

Effective
date

The amendments made by
subsection (a) shall apply to applications filed before, on, or after the date
of the enactment of the Violence Against Women Act of 2000.

The Immigration and Nationality Act (8
U.S.C. 1101 et seq.) is amended by inserting after section 245A the
following:

245B.

Confidentiality
of certain information relating to battered aliens

(a)

In
general

Except as provided in
subsection (c) of this section, enforcement official may not—

(1)

make an adverse determination, using
information furnished by a VAWA perpetrator, on—

(A)

admissibility of an alien,

(B)

deportability of
an alien,

(C)

detention of an
alien,

(D)

any application
for immigration relief of an alien, or

(E)

whether or not to
initiate an enforcement action against an alien,

unless the
alien has been convicted of a crime or crimes listed in section 237; or(2)

permit use by or disclosure to anyone
(other than a sworn officer or employee of the Department, or bureau or agency
thereof, for legitimate Department, bureau, or agency purposes) of any
information which relates to an alien who is the beneficiary of an application
for relief under—

The Attorney General may provide, in
the Attorney General's discretion, for the disclosure of information in the
same manner and circumstances as census information may be disclosed by the
Secretary of Commerce under section 8 of title 13, United States Code.

(2)

For law
enforcement purposes

The Attorney General may provide in the
discretion of the Attorney General for the disclosure of information to Federal
law enforcement officials to be used solely for a legitimate law enforcement
purpose.

(3)

For purposes of
judicial review

Subsection
(a) of this section shall not be construed as preventing disclosure of
information in connection with judicial review of a determination in an
immigration case described in subsection (a) of an alien protected by this
section in a manner that protects the confidentiality of such
information.

(4)

In accordance
with explicit waiver by victims

Subsection (a)(2) of this section
shall not apply if all the battered individuals in the case are adults and they
have all waived the restrictions of such subsection.

(5)

For purposes of
determining eligibility for benefits

The Attorney General and the Secretary of
Homeland Security are authorized to disclose information, to Federal, State,
and local public and private agencies providing benefits, to be used solely in
making determinations of eligibility for benefits pursuant to section 431(c) of
the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1641(c)), in a manner that protects the confidentiality of such
information.

(6)

For purposes of
Congressional oversight

Subsection (a) of this section may not be
construed to prevent the Attorney General and the Secretary of Homeland
Security from disclosing to the chairmen and ranking members of the Committee
on the Judiciary of the Senate or the Committee on the Judiciary of the House
of Representatives, for the exercise of congressional oversight authority,
information on closed cases under this section in a manner that protects the
confidentiality of such information and that omits personally identifying
information (including locational information about individuals).

(7)

For purposes of
assisting victims in obtaining services

Government entities adjudicating
applications for relief under subsection (a)(2) of this section, and government
personnel carrying out mandated duties under section 101(i)(1), may, with the
prior written consent of the alien involved, communicate with nonprofit,
nongovernmental victims' service providers for the sole purpose of assisting
victims in obtaining victim services from programs with expertise working with
immigrant victims. Agencies receiving referrals are bound by the provisions of
this section. Nothing in this paragraph shall be construed as affecting the
ability of an applicant to designate a safe organization through whom
governmental agencies may communicate with the applicant.

(d)

Penalties for
violation

Anyone who
knowingly uses, publishes, or permits information to be disclosed in violation
of this section or who knowingly makes a false certification under section
239(e) shall be subject to appropriate disciplinary action and subject to a
civil money penalty of not more than $5,000 for each such violation.

(e)

Guidance

The Attorney General and the Secretary of
Homeland Security shall provide guidance to officers and employees of the
Department of Justice or the Department of Homeland Security who have access to
information covered by this section regarding the provisions of this section,
including the provisions to protect victims of domestic violence from harm that
could result from the inappropriate disclosure of covered information.

(f)

Requirement To
provide information about eligibility for immigration relief

When information is furnished by a VAWA
perpetrator, the Federal, State, or local agency receiving the information
shall, within 24 hours, provide to the alien to whom the information pertains
informational materials about eligibility for relief under sections 101(a)(51),
101(a)(15)(T), 101(a)(15)(U), 287(h), 106, 240A(b)(2), 244(a)(3) (as in effect
on March 31, 1997) along with referrals to local victim services
agencies.

(g)

Definitions

In
this section:

(1)

The term enforcement officer
means—

(A)

the Attorney
General;

(B)

the Secretary of
Homeland Security;

(C)

the Secretary of
State;

(D)

any other official
or employee of the Department of Homeland Security, the Department of Justice,
or the Department of State (including any bureau or agency of either of any
such Department); or

(E)

any other State or Federal Government
officer or employee.

(2)

The term
VAWA perpetrator means, with regard to an alien—

(A)

a spouse, parent, son, or daughter who has
battered the alien or subjected the alien to extreme cruelty;

(B)

a member of the family of the spouse,
parent, son, or daughter of the alien, who has battered the alien or subjected
the alien to extreme cruelty;

(C)

a spouse, parent, son, or daughter of the
alien who has battered the alien's child or subjected the alien's child to
extreme cruelty (without the active participation of the alien in the battery
or extreme cruelty);

(D)

a member of the family of the spouse,
parent, son, or daughter of the alien who has battered the alien's child or
subjected the alien's child to extreme cruelty when the spouse, parent, son, or
daughter consented to or acquiesced in such battery or cruelty and the alien
did not actively participate in such battery or cruelty;

(E)

in the case of an alien subjected to
criminal activities listed in section 101(a)(15)(U)(iii), or an alien applying
for status under section 101(a)(15)(U), the perpetrator of the criminal
activity;

(F)

in the case of an alien subjected to a
severe form of human trafficking or applying for status—

under section
244(a)(3) of this Act (as in effect prior to March 31, 1999), or

(iv)

as a VAWA
self-petitioner (as defined in section 101(a)(51)),

the
trafficker or perpetrator; or(G)

in the case of an alien who is—

(i)

a
VAWA self petitioner (as defined in section 101(a)(51)), or

(ii)

an alien
described in section 106, 240A(b)(2), 287(h), or 244(a)(3) (as in effect on
March 31, 1997),

a spouse,
parent, son or daughter of the alien or a member of the family of such spouse,
parent, son or daughter who battered the alien (or the alien’s child) or
subjected the alien (or the alien’s child) to battering or extreme
cruelty.

.

(c)

VAWA
Confidentiality in removal proceedings

Section 239(e) of the Immigration and
Nationality Act (8 U.S.C. 1229(e)) is amended—

(1)

in paragraph (1), by inserting after
an alien at the following: or within 500 yards
of; and

in subparagraph
(G), by striking the period at the end and inserting the following:
;; and

(3)

by adding at the
end the following:

(H)

section 106; and

(I)

special immigrant juveniles described in
section
287(h).

.

(e)

Additional
requirements for section 287(g)
agreements

Section 287(g) of
the Immigration and Nationality Act (8 U.S.C. 1357(g)) is amended by adding at
the end the following:

(11)(A)

All agreements (new or renewed) under this
subsection executed by the Attorney General after the date of enactment of this
subparagraph shall require that an officer or employee of a State or political
subdivision of a State performing a function under the agreement shall, as a
term of the agreement—

(i)

comply with policies, procedures
and practices established by that State or subdivision that are publicized in
the jurisdictions the officer or employee serves;

(ii)

issue certifications for
non-citizen victims under section 101(a)(15)(U); and

(iii)

comply with and not violate the
requirements of section 245B in the same manner and subject to the same
sanctions as an employee of the Department of Homeland Security.

(B)

Not later than 180 days after entering into
an agreement under this subsection, and annually thereafter, the State or
subdivision shall report to the Department of Homeland Security the
following—

(i)

the number of requests for
certification under section 101(a)(15)(U);

(ii)

the number of U-visa
certifications issued;

(iii)

the number of T-visa endorsements
requests received; and

(iv)

the number of T-visa
certifications issued.

(C)

The Secretary of Homeland Security shall
submit an annual report to Congress listing the name of each State or
subdivision and the information provided under subparagraph
(B).

.

IV

Training
improvements

401.

Training

(a)

Training of
immigration judges in the executive office of immigration
review

Personnel of the Department of Homeland Security, the
Department of Justice and the State Department who are in a position to come in
contact with alien victims of crime shall be trained in identifying, making
determinations regarding and providing for the protection of crime victims who
have or may be eligible to apply for relief under Immigration and Nationality
Act sections 101(a)(15)(T), 101(a)(15)(U), 101(a)(51), 106, 240A(b)(2),
244(a)(3) (as in effect on March 31, 1999) or section 107(b)(1)(E)(i)(II)(bb)
of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 710). Trainings
developed under this paragraph shall include information on the range of forms
of immigration relief available to help immigrant crime victims and the
requirements of VAWA confidentiality 384 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1367). Officials to receive
ongoing training include but are not limited to—

Any training
program conducted in satisfaction of the requirement of paragraph (a) has been
or will be developed with input from and in collaboration nonprofit,
nongovernmental experts with experience working with immigrant victims of
domestic violence, sexual assault, or human trafficking.

(c)

Within 180 days
after the effective date of this act, the Secretary of the Department of
Homeland Security, the Attorney General, and the Department of State shall in
consultation with the Office of Policy and Strategy of U.S. Citizenship and
Immigration Services shall establish program for ongoing training described in
paragraph (a) and shall craft and implement policies and protocols on the
appropriate handling of cases involving victims described in or who have filed
cases under Immigration and Nationality Act sections 101(a)(15)(T),
101(a)(15)(U), 101(a)(51), 106, 240A(b)(2), 244(a)(3) (as in effect on March
31, 1999) or section 107(b)(1)(E)(i)(II)(bb) of the Trafficking Victims 14
Protection Act of 2000 (22 U.S.C. 710). All policies and procedures developed
pursuant to this section shall be made publically available and posted on the
DHS website.

It
is the Sense of Congress that all States should promulgate victim-advocate
privilege laws and that State victim-advocate privilege laws should be
implemented in a manner that extends victim-advocate privilege to accredited
representatives working for community-based organizations recognized by the
Board of Immigration Appeals in the representation of victims in cases filed
with the Department of Homeland Security, the Board of Immigration Appeals or
immigration judges.

(2)

Regulations
amended to offer accredited representative privilege

Within 180
days of enactment, the Board of Immigration Appeals shall amend 8 C.F.R.
292.1(a)(4) to extend privilege co-extensive with attorney client privilege to
accredited representatives and qualified recognized organizations to whom the
Board of Immigration Appeals has provided recognition or accreditation.

402.

Services for
Trafficking Victims

(a)

Access to
victim’s services

(1)

Subsection 107(c)
of the Trafficking Victims Protection Act of 2000 is amended—

(A)

by deleting
paragraph (2) and replacing it with the following new paragraph:

(2)

Access to
information and services

Victims and potential victims of severe
forms of trafficking shall have access to information about their legal rights
and shall be provided translation services. A list of victim services agencies
shall be provided within 24 hours of discovery of a potential victim. Potential
victims shall not be placed in any local, State, or Federal jail or detention
facility unless it has clearly been ascertained that an individual is not a
victim of a severe form of trafficking in
persons.

;
and

(B)

in paragraph (3)
by deleting Federal law enforcement officials and inserting
Any Federal and local law enforcement agents authorized to investigate
trafficking in persons crimes.

(2)

Section 103 of the trafficking victims
protection act of 2000 is amended by adding at the end the following new
subsection:

The amendments made by this section shall take effect on the
date of the enactment of this Act.

(b)

Conforming
amendments for public and assisted housing

Section 214 of the
Housing and Community Development Act of 1980 (42 U.S.C. 1436a) is
amended—

(1)

by amending
subsection (a) to read as such subsection would have read if the amendments to
such subsection made by section 3(b) of Public Law 106–504 were made to such
subsection rather than to section 214(a) of the Housing Community Development
Act of 1980;

(2)

in subsection (a),
as amended by paragraph (1) of this subsection—

(A)

in paragraph (6),
by striking or at the end;

(B)

by redesignating
paragraph (7) as paragraph (8); and

(C)

by inserting after
paragraph (6) the following new paragraph:

(7)

a qualified alien,
as such term is defined in section 431 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641);
or

; and

(3)

in subsection
(c)—

(A)

in paragraph
(1)(A), by striking (6) and inserting (8);
and

(B)

in paragraph
(2)(A), in the matter preceding clause (i), by inserting (other than a
qualified alien, as such term is defined in section 431 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1641) after any alien.

(c)

Improving Access
to Benefits for Immigrant Victims

(1)

In
general

The Secretary of Health and Human Services, in
consultation with the Secretary of Housing and Urban Development and Secretary
of Department of Agriculture and the and Secretary of the Department of
Education, shall develop an information pamphlet, as described in paragraph
(2), on legal rights for immigrant victims to access public benefits and
distribute and make such pamphlet available as described in paragraph (5). In
preparing such materials, the Secretary of Health and Human Services shall
consult with nongovernmental organizations with expertise on the legal rights
to public benefits access for immigrant victims of battery, extreme cruelty,
sexual assault, and other crimes.

(2)

Information
pamphlet

The information pamphlet developed under paragraph (1)
shall include information on the following:

(A)

Definition of
Qualified Immigrants eligible for Federal public benefits.

(B)

Housing rights of
qualified immigrant.

(C)

Federal- and
State-funded housing programs open to all immigrants including emergency
shelter and transitional housing for up to two years.

Medicaid and
SCHIP for qualified immigrant children and pregnant women;

(iii)

food
stamps;

(iv)

food stamps for
qualified immigrant children;

(v)

SSI;

(vi)

TANF;

(vii)

child care;
and

(viii)

foster
care/adoption assistance, child support services.

(F)

Legal rights of
immigrants to access programs, resources and services that are—

(i)

necessary to
protect life and safety;

(ii)

medical
assistance under title XIX of the Social Security Act;

(iii)

short-term,
non-cash, in-kind emergency disaster relief;

(iv)

public health
assistance for immunizations and treatment for symptoms of communicable
diseases;

(v)

programs for
housing or community development assistance or financial assistance
administered by the secretary of HUD;

(vi)

HHS
HRSA funded health care programs; and

(vii)

State-funded
benefits.

(G)

Resources through
which victims can obtain referrals to programs in their community and/or State
that provide advocacy, social services, legal services and other supportive
services to immigrant victims of domestic violence, sexual assault, human
trafficking, elder abuse or crime victims.

(3)

Translation

In order to best serve the language groups
having the greatest concentration of immigrants seeking public benefits, the
information pamphlet developed under paragraph (1) shall, subject to
subparagraph (B), be translated by the Secretary of Health and Human Services
into foreign languages that at a minimum include the top 15 languages of legal
permanent residents and shall be responsible for reviewing these languages
every 5 years and adding additional languages accordingly such other languages
as the Secretary of State, in the Secretary’s discretion, may specify.

(4)

Availability and
distribution

The information pamphlet developed under paragraph
(1) shall be made available and distributed as follows:

(A)

The Federal
agencies described in subparagraph (C) shall distribute the pamphlet developed
under subparagraph (1) to all—

(i)

agency
grantees;

(ii)

State agencies
responsible for granting Federal public benefits; and

(iii)

public housing
authorities.

(B)

Posting on
Federal Websites

The pamphlet developed under paragraph (1) shall
be accessibly posted on the Websites of each of the Federal Government agencies
listed in subparagraph (C).

(C)

Responsible
Federal agencies

(i)

Department of
Health and Human Services;

(ii)

Department of
Agriculture;

(iii)

Department of
Housing and Urban Development;

(iv)

Department of
Education; and

(v)

Department of
Homeland Security.

(5)

Deadline for
pamphlet development and distribution

The pamphlet developed
under paragraph (1) shall be distributed and made available (including in the
languages specified under paragraph (4)) not later than 180 days after the date
of the enactment of this Act.

(d)

Effective
date

The amendments made by this section apply to applications
for public benefits and public benefits provided on or after the date of the
enactment of this Act without regard to whether regulations to carry out such
amendments are implemented.

403.

Encouraging
Custody determinations and VAWA Confidentiality protections in State
courts

in paragraph (2)
of section 41002, by inserting (including under 8 U.S.C. 1367), U-visa
certification under the Immigration and Nationality Act Section 214(p),
after confidentiality; and

(2)

in section
41003—

(A)

in paragraph
(2)(B), by striking and after the semicolon;

(B)

in paragraph (C),
by striking the period and inserting ; and; and

(C)

by adding at the
end the following:

(3)

Priority should
given to applicants in which the grantee’s trainings and organizational
policies, practices, procedures, and rules encourage judges issuing protection
orders to include child custody provisions in the protection order when the
parties before the court have a child in
common.

.

404.

Improving
language access to services provided under the violence against women’s act of
1994 for persons with limited English proficiency

(a)

Goals

(1)

To improve access
to programs, activities, and services for victims of violence and other
individuals who, as a result of national origin, are limited in their English
proficiency.

(2)

To ensure that the
programs, activities, and services for victims of violence that are normally
provided in English are accessible to victims and other individuals with
Limited English Proficiency and thus do not discriminate on the basis of
national origin in violation of title VI of the Civil Rights Act of 1964, as
amended, and its implementing regulations.

(3)

To confirm that
violation of language access rights for Limited English Proficient individuals
is a violation of the protections against discrimination based on national
origin protected by the Civil Rights Act of 1964.

(4)

To restore the
right of Limited English Proficient individuals to a private right of action to
enforce all Title VI protection including disparate impact protections.

(5)

To provide a
statutory definition of limited English proficient that is
consistent with the definition set forth by the DOJ LEP Guidance, 67 Fed. Reg.
41455, 41459 (June 18, 2002).

(b)

Definition

Limited
English Proficient—

(1)

Limited
English Proficient means individuals who—

(A)

who do not speak
English as their primary language; and

(B)

who have a limited
ability to

(i)

read;

(ii)

write;

(iii)

speak; or

(iv)

understand
English.

(2)

If an individual
described in subsection (A) meets any one of the requirements of subsections
(B)(i), B(ii), B(iii), or B(iv) the individual is limited English proficient
without regard to the fact that the individual may speak some English.

Whenever
there are reasonable grounds to believe that a Federal, State or local
government entity has denied a person access to programs, activities, or
services on the basis of their limited English Proficiency and in violation of
title VI of the Civil Rights Act of 1964, a civil action for preventive relief,
including an application for a permanent or temporary injunction, restraining
order, or other order, may be instituted by the person aggrieved and, upon
timely application, the Attorney General may intervene in such civil action.
Upon application by the complainant and in such circumstances as the court may
deem just, the court may appoint an attorney for such complainant and may
authorize the commencement of the civil action without the payment of fees,
costs, or security.

(B)

Attorney’s fees;
liability of United States for costs

In any action commenced
pursuant to this subchapter, the court, in its discretion, may allow the
prevailing party, other than the United States, a reasonable attorney’s fee as
part of the costs, and the United States shall be liable for costs the same as
a private person.

(C)

State or local
enforcement proceedings; notification of State or local authority; stay of
Federal proceedings

In the case of an alleged act or practice
prohibited by this subchapter which occurs in a State, or political subdivision
of a State, no civil action may be brought under subsection (a) of this section
before the expiration of thirty days after written notice of such alleged act
or practice has been given to the appropriate State or local authority by
registered mail or in person, provided that the court may stay proceedings in
such civil action pending the termination of State or local enforcement
proceedings.

Discrimination
(including exclusion from participation and denial of benefits) based on
disparate impact is established under this title only if—

(i)

a person aggrieved by
discrimination on the basis of race, color, or national origin (referred to in
this title as an aggrieved person) demonstrates that an entity
subject to this title (referred to in this title as a covered
entity) has a policy or practice that causes a disparate impact on the
basis of race, color, or national origin and the covered entity fails to
demonstrate that the challenged policy or practice is related to and necessary
to achieve the nondiscriminatory goals of the program or activity alleged to
have been operated in a discriminatory manner; or

(ii)

the aggrieved person demonstrates
(consistent with the demonstration required under title VII with respect to an
alternative employment practice) that a less discriminatory
alternative policy or practice exists, and the covered entity refuses to adopt
such alternative policy or
practice.

.

(2)

Civil Actions by
the Attorney General

(A)

Complaint

Whenever
the Attorney General has reasonable cause to believe that a Federal, State or
local government entity or any employee or group of employees is engaged in a
pattern or practice of denying access to programs, activities, or services
provided to victims under the Violence Against Women’s Act of 1994 or under any
other State or Federal law, on the basis of their limited English Proficiency
and in violation of title VI of the Civil Rights Act of 1964, and that the
pattern or practice is of such a nature and is intended to deny access to
programs, activities, or services provided to victims on the basis of their
limited English Proficiency and in violation of title VI of the Civil Rights
Act of 1964, the Attorney General may bring a civil action in the appropriate
district court of the United States by filing with it a complaint—

(i)

signed by the
Attorney General (or in the Attorney General’s absence the Acting Attorney
General);

(ii)

setting forth
facts pertaining to such pattern or practice; and

(iii)

requesting such
relief, including an application for a permanent or temporary injunction,
restraining order or other order against the person or persons responsible for
such pattern or practice, as he deems necessary to insure the full availability
of programs, activities, and services provided under the to limited English
proficient victims.

(B)

In order to ensure
full enforcement under this section, the provisions of this section do not
limit the ability of the Attorney General to use existing authority to bring
litigation and to enforce Title VI by any another other means available to him
or her under the law.

(3)

Jurisdiction;
three-judge district court for cases of general public importance: hearing,
determination, expedition of action, review by Supreme Court; single judge
district court: hearing, determination, expedition of action

(A)

The district
courts of the United States shall have and shall exercise jurisdiction in
proceedings instituted pursuant to this section, and in any such proceeding the
Attorney General may file with the clerk of such court a request that a court
of three judges be convened to hear and determine the case. Such request by the
Attorney General shall be accompanied by a certificate that, in his opinion,
the case is of general public importance. A copy of the certificate and request
for a three-judge court shall be immediately furnished by such clerk to the
chief judge of the circuit (or in his absence, the presiding circuit judge of
the circuit) in which the case is pending. Upon receipt of such request it
shall be the duty of the chief judge of the circuit or the presiding circuit
judge, as the case may be, to designate immediately three judges in such
circuit, of whom at least one shall be a circuit judge and another of whom
shall be a district judge of the court in which the proceeding was instituted,
to hear and determine such case, and it shall be the duty of the judges so
designated to assign the case for hearing at the earliest practicable date, to
participate in the hearing and determination thereof, and to cause the case to
be in every way expedited. An appeal from the final judgment of such court will
lie to the Supreme Court.

(B)

If no three-judge
panel has been requested, the handling of the case shall be expedited. It shall
be the duty of the chief judge of the district (or in his absence, the acting
chief judge) in which the case is pending to immediately designate a judge in
such district to hear and determine the case. In the event that no judge in the
district is available to hear and determine the case, the chief judge of the
district, or the acting chief judge, as the case may be, shall certify this
fact to the chief judge of the circuit (or in his absence, the acting chief
judge) who shall then designate a district or circuit judge of the circuit to
hear and determine the case. It shall be the duty of the judge designated
pursuant to this section to assign the case for hearing at the earliest
practicable date and to cause the case to be in every way expedited.

(d)

Enforcement with
regard to governmental and non-Governmental entities

(1)

Language access plans required—

(A)

all recipients of
Federal grant funding shall provide a copy of the agency’s language access plan
to the Federal agency that provided their grant no later than one year after
receipt of funding; and

(B)

a copy of the
agency's language access plan shall be submitted as an attachment along with
the first grant report due to the Federal grant maker falling after the date of
the six-month anniversary of the grant award.

(2)

Language access plan must address at a
minimum the following:

(A)

The types of
language services available.

(B)

How staff can
obtain those services.

(C)

How to respond to
LEP callers.

(D)

How to respond to
written communications from LEP individuals.

(E)

How to respond to
LEP individuals who have in-person contact with recipient staff.

(F)

How to ensure
competency of interpreter and translation services.

(G)

How staff will
receive training on the requirements of the policy.

(H)

How the agency
provides outreach and notice of the language services available.

(I)

How to respond to
complaints by LEP individuals.

(J)

How the plan will
be monitored and updated.

(3)

Revocation of
Funding

(A)

Whenever the
Department of Justice (DOJ) or the Department of Health and Human Services
(HHS) has reasonable cause to believe that any grant recipient is engaged in a
pattern or practice of denying access to programs, activities, or services
provided to victims on the basis of their limited English Proficiency and in
violation of title VI of the Civil Rights Act of 1964, the DOJ or HHS shall
require the grant recipient to prepare a plan demonstrating how it to improve
access to its government-funded programs, activities, and services for victims
with limited English Proficiency. Each plan shall include the steps the grant
recipient will take to ensure that eligible limited English Proficiency persons
can meaningfully access the grantee’s programs, activities, and services. If
such a grantee fails to develop an acceptable plan with 120 days of the
request, the DOJ or HHS may revoke that grantee’s funding.

(B)

The requirement
provided by subsection (1) are in addition to the requirements set forth in 42
U.S.C. 2000d–1.

(4)

All recipients and
subrecipients of Federal grants shall comply with Title VI of the Civil Rights
Act of 1964 (prohibiting race, color, and national origin discrimination
including language access for limited English proficient persons and for
persons without regard to their alienage status.

(e)

Nondiscrimination

All
relief and assistance activities, including justice system assistance and
immigration relief, offered to victims of domestic violence, sexual assault,
dating violence, stalking, elder abuse and human trafficking shall be
accomplished in an equitable and impartial manner, without discrimination on
the grounds of race, ethnicity, or, religion, nationality, sex, age,
disability, English proficiency, alienage status, or economic status.

(f)

Interpreters for
court proceedings under this section

(1)

Civil
actions

In any civil action brought pursuant to this section, the
court shall be required to provide a foreign language interpreter.

(2)

Conforming
amendments

The Court Interpreters Act of 1978, 28 U.S.C. 1827 is
amended by adding at the end the following: Interpreters shall be
provided in court proceedings brought to enforce section 404 of the Violence
Against Women Act of 2011 for civil actions brought by an individual or the
United States..

V

Access To
Services

501.

Ensuring
issuance of U- and T-visa certifications and access to services

(a)

Grant
conditions

Section 40002 of
the Violence Against Women Act of 1994 (42 U.S.C. 13925) is amended in
subsection (b) by adding at the end the following:

(12)

Civil
Rights

(A)

Nondiscrimination

No person in the United States shall on the
basis of actual or perceived race, color, religion, national origin, alienage
status, sex, gender identity (as defined in paragraph 249(c)(4) of title 18,
United States Code), sexual orientation, age, or disability be excluded from
participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity funded in whole or in part with funds made
available under the Violence Against Women Act of 1994 (title IV of Public Law
103–322; 108 Stat. 1902), the Violence Against Women Act of 2000 (division B of
Public Law 106–386; 114 Stat. 1491), the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (title IX of Public Law 109–162; 119
Stat. 3080), the Violence Against Women Reauthorization Act of 2011, and any
other program or activity funded in whole or in part with funds appropriated
for grants, cooperative agreements, and other assistance administered by the
Office on Violence Against Women.

(B)

Exception

If gender segregation or gender-specific
programming is necessary to the essential operation of a program, nothing in
this paragraph shall prevent any such program or activity from consideration of
an individual’s gender. In such circumstances, alternative reasonable
accommodations are sufficient to meet the requirements of this
paragraph.

(C)

Discrimination

The provisions of paragraphs (2) through
(4) of section 809(c) of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3789d(c)) apply to violations of subparagraph (A).

(D)

Construction

Nothing contained in this paragraph shall
be construed, interpreted, or applied to supplant, displace, preempt, or
otherwise diminish the responsibilities and liabilities under other State or
Federal civil rights law, whether statutory or common.

(13)

Compliance with
Title VI of the Civil Rights Act of 1964

An entity applying for funding under this
title shall certify to the Office on Violence Against Women that the entity
will comply with their obligations under Title VI of the Civil Rights Act of
1964, including taking reasonable steps to ensure meaningful access to its
programs and activities by persons who are limited in their English
proficiency, in order to avoid discrimination on the basis of national
origin.

(14)

Content of
applications

All grant
applications submitted for funding shall contain documentation in the text of
the grant application and a line item in the budget that provides for language
access to the services being provided or documentation about local demographics
justifying why the budget does not address language
access.

.

(b)

STOP
grants

(1)

Development of
training

Section 2001(b) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg(b)) is amended—

(A)

in paragraph (13),
by striking and at the end of subparagraph (D);

(B)

in paragraph (14),
by striking the period at the end of subparagraph (C) and inserting ;
and; and

(C)

by adding after
paragraph (14) the following new paragraph:

(15)

the development and implementation of
procedures, policies, or protocols and training within courts, prosecutors’
offices, and law enforcement agencies to ensure that agency personnel have
received training on and are not encouraging, promoting or facilitating the
violation of Section 384 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1367) and that agencies receiving funding
are issuing certifications in U-visa and T-visa cases for victims applying for
relief under Section 101(a)(15)(T) and (U) of Immigration and Nationality
Act.

.

(2)

Funding
priority

Section 2001(d) of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(d)) is
amended by inserting at the end the following:

(5)

Priority in funding shall be given to
programs whose applications demonstrate that the applicant has or is willing to
implement within 6 month after receipt of funding protocols, policies, or
practices that—

(A)

ensure compliance
with Title VI of the Civil Rights Act of 1964 and Executive Order 13166;

(B)

ensure that the
agency does not violate, facilitate or encourage the violation of VAWA
confidentiality as defined in section 387 of the Immigration and Nationality
Act (8 U.S.C. 1367); and

(C)

result in the
agency issuing certifications for noncitizen victims applying for relief under
sections 101(a)(15)(U) or 101(a)(15)(T) of the Immigration and Nationality Act
if the applicant agency is eligible to sign certifications in T- or U-visa
cases.

.

(c)

Grants To
encourage arrest policies

(1)

Grant
authority

Section 2101(b) of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh(b)) is
amended by adding at the end the following:

(14)

To develop or strengthen policies,
protocols and training for law enforcement, prosecutors, and the judiciary in
recognizing, detecting, investigating, and prosecuting instances of domestic
violence, dating violence, sexual assault, and stalking against immigrant
victims, including the appropriate use of T and U visas (8 U.S.C. 1101(a)(15)
(T) and (U)) and providing training on and are not encouraging, promoting or
facilitating the violation of Section 384 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).

(15)

To develop or strengthen policies,
protocols, and training for law enforcement, prosecutors and the judiciary on
language access under Executive Order No. 13166 65 Fed. Reg. 50, 121 (Aug. 16,
2000).

.

(2)

Eligibility

Section 2101(c) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh(c)) is amended—

(A)

in paragraph (4),
by striking and at the end;

(B)

in paragraph (5),
by striking the period and inserting ; and; and

(C)

by adding at the
end the following:

(6)

Priority in funding shall be given to
programs whose applications demonstrate that the applicant has or is willing to
implement within 6 months after receipt of funding protocols, policies, or
practices that—

(A)

ensure compliance with Title VI of the
Civil Rights Act of 1964 and Executive Order 13166;

(B)

ensure that the agency does not violate,
facilitate or encourage the violation of VAWA confidentiality as defined in
section 387 of the Immigration and Nationality Act (8 U.S.C. 1367); and

(C)

result in the agency issuing certifications
for noncitizen victims applying for relief under sections 101(a)(15)(U) or
101(a)(15)(T) of the Immigration and Nationality Act if the applicant agency is
eligible to sign certifications in T- or U-visa
cases.

.

(d)

Transitional
housing assistance grants

Section 40299 of the Violence Against Women
Act of 1994 (42 U.S.C. 13975) is amended in subsection (d)(2)(B) by—

(1)

inserting —
(i) after provide assurances that; and

(2)

adding at the end
the following:

(ii)

applicants are able to prove eligibility
for the housing program funded under this grant using any credible evidence (as
defined in section 204(a)(1)(J) of the Immigration and Nationality Act (8
U.S.C. 1154(a)(1)(J))); and

(iii)

the program
serves underserved victims and is compliant with title VI of the Civil Rights
Act of 1964, and Executive Order 13166 (65 Fed. Reg. 50,
121).

.

(e)

Campus grants
available for victims with limited English proficiency

Section 304 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 14045b) is amended—

(1)

in subsection (b)(4), by inserting
and language access to such services after physiological
counseling,;

(2)

in subsection (c)(2)(C), by inserting
proportion, demographics, and language needs of international
students, after demographics of the population,;
and

(3)

in subsection (d)(1), by inserting
translation, after technical,.

502.

VAWA unit
adjudications

(a)

Transfer of all
VAWA confidentiality and VAWA-Related cases to the VAWA
unit

Section 101(a) of the Immigration and Nationality Act (8
U.S.C. 1101(a)) is amended by adding at the end the following new
subsection:

(52)

Applications
under sections 101(a)(51), 101(a)(15)(T), 101(a)(15)(U), 106, section
216(c)(4), and parole for children of VAWA cancellation recipients and the full
range of adjudications related to such cases including adjustments, work
authorizations, parole, fax-back benefits authorizations, employment
verification, and naturalization, for applicants and derivative beneficiaries
shall be adjudicated at the VAWA Unit of Vermont Service
Center.

.

(b)

Authorization of
appropriations

(1)

There are
authorized to be appropriated to the Secretary of Homeland Security such sums
as may be necessary to provide for the Violence Against Women Act Unit at the
Vermont Service Center of the United States Citizenship and Immigration
Services which shall be responsible for processing consistent with VAWA
confidentiality requirements the full range of adjudications, adjustments, work
authorizations, parole, fax-back benefits and employment verification, and
naturalization, for applicants and derivative beneficiaries related to VAWA
self-petitions (INA section 101(a)(51); T visas (INA section 101(a)(15)(T), U
visas (INA section 101(a)(15)(U); battered spouse waivers (INA section
216(c)(4)); abused immigrant work authorizations (INA section 106) and parole
for children of VAWA cancellation recipients (Public Law 103–222, reauthorized
Public Laws 106–326, 108–193; 109–162; 109–164) and any other VAWA
confidentiality protected matters. Nothing in this section shall preclude DHS
placement at the VAWA Unit of other victim related adjudications. Subject the
authority of immigration judges adjudicate adjustment of status applications
from aliens in proceedings who have been granted VAWA self-petition, T visas or
U visas, no official in the Department of Homeland Security or the Department
of Justice is authorized to adjudicate any matter related that is directed by
this section to be determined by the VAWA Unit.

(2)

The Department of
Homeland Security shall include in its budget each year a specific line item
describing funding included to support the VAWA Unit.

503.

Victims of
Crime Act improvements

(a)

Crime victim
compensation

Section 1403(b)(4) of the Victims of Crime Act of
1984 (42 U.S.C. 10602(b)(4)) is amended by inserting or non-citizens of
the United States after nonresidents of the
State.

(b)

Crime victim
assistance

Section 1404 of the Victims of Crime Act of 1984 (42
U.S.C. 10603) is amended—

in subparagraph
(B), by inserting (i) are based on the definition of underserved
populations as defined in section 40002(a) of the Violence Against Women
Act of 1994 (42 U.S.C. 13925(a)), and (ii) after implement this
section that;

(C)

by redesignating
subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively;
and

(D)

by inserting after
subparagraph (B) the following new subparagraph:

(C)

ensure that
programs receiving funds are open to crime victims on a non-discriminatory
basis without regard to language proficiency or alienage
status.

;

(2)

in subsection
(b)(1)—

(A)

in subparagraph
(E), by striking and after the semicolon;

(B)

by moving
subparagraph (F) two ems to the left, and by striking the period at the end of
such subparagraph and inserting ; and; and

(C)

by adding at the
end the following new subparagraph:

(G)

does not
discriminate against, and offers services and assistance to, victims who do not
unreasonably refuse to provide assistance in a criminal investigation or
prosecution. For purposes of this paragraph the definition of do not
unreasonably refuse to provide assistance shall be the same as the used
under section 245(m) of the Immigration and Nationality Act (8 U.S.C.
1255(m)).

;

(3)

in subsection
(c)(1)—

(A)

in subparagraph
(B), by striking and after the semicolon;

(B)

in subparagraph
(C), by striking victim service organizations and all that
follows and inserting victim service organizations, legal services
programs, and coalitions to improve outreach and services to victims of crime,
including immigrant, limited English proficient, and underserved victims;
and; and

(C)

by adding at the
end the following new subparagraph:

(D)

for improving
language access to victim services and the civil, criminal, immigration, and
family justice systems.

Paragraph (2) of section 464R(e) of
the Public Health Service Act (42 U.S.C. 285p(e)).

(11)

Office of
research on womens health

Subsection (b) of section 486 of the Public
Health Service Act (42 U.S.C. 287d).

(12)

Office of
research on womens health advisory committee

Paragraph (4) of section 486(d) of the
Public Health Service Act (42 U.S.C. 287d).

VI

Marriage Visa
Protections

601.

Protections for a fiancée or fiancé of a
citizen

(a)

In general

Section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184) is amended—

(1)

in subsection
(d)—

(A)

in paragraph (1), by striking crime. and inserting crime described in paragraph (3)(B) and information on any permanent protection or restraining order issued against the petitioner related to any specified crime described in paragraph (3)(B)(i).;

(B)

in paragraph (2)(A), in the matter preceding clause (i)—

(i)

by striking
a consular officer and inserting the Secretary of
Homeland Security; and

(ii)

by striking
the officer and inserting the Secretary;
and

(C)

in paragraph (3)(B)(i), by striking abuse, and stalking. and inserting abuse, stalking, or an attempt to commit any such crime.; and

(2)

in subsection
(r)—

(A)

in paragraph (1), by striking crime. and inserting crime described in paragraph (5)(B) and information on any permanent protection or restraining order issued against the petitioner related to any specified crime described in subsection (5)(B)(i).; and

(B)

by amending paragraph (4)(B)(ii) to read as follows:

(ii)

To notify the beneficiary as required by clause (i), the Secretary of Homeland Security shall provide such notice to the Secretary of State for inclusion in the mailing to the beneficiary described in section 833(a)(5)(A)(i) of the International Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a(a)(5)(A)(i)).

;
and

(3)

in paragraph (5)(B)(i), by striking abuse, and stalking. and inserting abuse, stalking, or an attempt to commit any such crime..

(b)

Provision of
information to K nonimmigrants

Section 833 of the International Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a) is amended—

(1)

in subsection (a)(5)(A)—

(A)

in clause
(iii)—

(i)

by striking State any and inserting State, for inclusion in the mailing described in clause (i), any; and

(ii)

by striking the
last sentence; and

(B)

by adding at the
end the following:

(iv)

The Secretary of Homeland Security shall conduct a background check of the National Crime Information Center’s Protection Order Database on each petitioner for a visa under subsection (d) or
(r) of section 214 of the Immigration and Nationality Act (8 U.S.C. 1184). Any appropriate information obtained from such background check—

(I)

shall accompany the criminal background information provided by the Secretary of Homeland Security to the Secretary of State and shared by the Secretary of State with a beneficiary of a petition referred to in clause (iii); and

(II)

shall not be used
or disclosed for any other purpose unless expressly authorized by law.

(v)

The Secretary of Homeland Security shall create a cover sheet or other mechanism to accompany the information required to be provided to an applicant for a visa under subsection (d) or (r) of section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) by clauses (i) through (iv) of this paragraph or by clauses (i) and (ii) of subsection (r)(4)(B) of such section 214, that calls to the applicant’s attention—

(I)

whether the
petitioner disclosed a protection order, a restraining order, or criminal
history information on the visa petition;

(II)

the criminal background information and information about any protection order obtained by the Secretary of Homeland Security regarding the petitioner in the course of adjudicating the petition; and

(III)

whether the information the petitioner disclosed on the visa petition regarding any previous petitions filed under subsection (d) or (r) of such section 214 is consistent with the information in the multiple visa tracking database of the Department of Homeland Security, as described in subsection (r)(4)(A) of such section 214.

;
and

(2)

in subsection (b)(1)(A), by striking or after orders and inserting and.

Six years after Congress enacted the International Marriage Broker Act of 2005 to regulate the activities of the hundreds of for-profit international marriage brokers operating in the United States, the Attorney General has not determined which component of the Department of Justice will investigate and prosecute violations of such Act.

(2)

Report

Not later than 90 days after the date of the enactment of this Act, the Attorney General shall submit to Congress a report that includes the following:

(A)

The name of the component of the Department of Justice responsible for investigating and prosecuting violations of the International Marriage Broker Act of 2005 (subtitle D of Public Law 109–162; 119 Stat. 3066) and the amendments made by this Act.

(B)

A description of the policies and procedures of the Attorney General for consultation with the Secretary of Homeland Security and the Secretary of State in investigating and prosecuting such violations.

(b)

Technical
Correction

Section 833(a)(2)(H) of the International Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a(a)(2)(H)) is amended by striking Federal and State sex offender public registries and inserting the National Sex Offender Public Website.

(c)

Regulation of
international marriage brokers

Section 833(d) of the International Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a(d)) is amended—

(1)

by amending
paragraph (1) to read as follows:

(1)

Prohibition on
marketing of or to children

(A)

In
general

An international marriage broker shall not provide any
individual or entity with the personal contact information, photograph, or
general information about the background or interests of any individual under
the age of 18.

(B)

Compliance

To comply with the requirements of subparagraph (A), an international marriage broker shall—

(i)

obtain a valid
copy of each foreign national client’s birth certificate or other proof of age
document issued by an appropriate government entity;

(ii)

indicate on such
certificate or document the date it was received by the international marriage
broker;

(iii)

retain the
original of such certificate or document for 7 years after such date of
receipt; and

(iv)

produce such
certificate or document upon request to an appropriate authority charged with
the enforcement of this paragraph.

;

(2)

in paragraph
(2)—

(A)

in subparagraph
(A)(i)—

(i)

in the heading, by
striking registries.— and inserting
website.—; and

(ii)

by striking
Registry or State sex offender public registry, and inserting
Website,;

(B)

in subparagraph
(B)(i), by striking permanent civil and inserting
final; and

(C)

in subparagraph
(B)(ii)—

(i)

by
inserting or endangerment, elder abuse or neglect or
exploitation after child abuse or neglect; and

(ii)

by
striking or stalking. and inserting stalking, or an
attempt to commit any such crime.;

(3)

in paragraph
(3)—

(A)

in subparagraph
(A)—

(i)

in clause (i), by striking Registry, or of the relevant State sex offender public registry for any State not yet participating in the National Sex Offender Public Registry, in which the United States client has resided during the previous 20 years, and inserting Website; and

(ii)

in clause (iii)(II), by striking background information collected by the international marriage broker under paragraph (2)(B); and inserting signed certification and accompanying documentation or attestation regarding the background information collected under paragraph (2)(B);; and

(B)

by striking
subparagraph (C);

(4)

in paragraph
(5)—

(A)

in subparagraph
(A)(ii), by striking A penalty may be imposed under clause (i) by the
Attorney General only and inserting At the discretion of the
Attorney General, a penalty may be imposed under clause (i) either by a Federal
judge, or by the Attorney General;

(B)

by amending
subparagraph (B) to read as follows:

(B)

Federal criminal
penalties

(i)

Failure of
international marriage brokers to comply with obligations

Except as provided in clause (ii), an international marriage broker that, in circumstances in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States—

(I)

except as provided in subclause (II), violates (or attempts to violate) paragraph (1), (2), (3), or (4) shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 1 year, or both; or

(II)

knowingly violates or attempts to violate paragraphs (1), (2), (3), or (4) shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 5 years, or both.

(ii)

Misuse of
information

A person who knowingly discloses, uses, or causes to be used any information obtained by an international marriage broker as a result of a requirement under paragraph (2) or (3) for any purpose other than the disclosures required under paragraph (3) shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 1 year, or both.

(iii)

Fraudulent failures of United States
clients to make required self-disclosures

A person who knowingly and with intent to defraud another person outside the United States in order to recruit, solicit, entice, or induce that other person into entering a dating or matrimonial relationship, makes false or fraudulent representations regarding the disclosures described in clause (i), (ii), (iii), or (iv) of subsection (d)(2)(B), including by failing to make any such disclosures, shall be fined in accordance with title 18, United States Code, imprisoned for not more than 1 year, or both.

(iv)

Relationship to
other penalties

The penalties provided in clauses (i), (ii), and (iii) are in addition to any other civil or criminal liability under Federal or State law to which a person may be subject for the misuse of information, including misuse to threaten, intimidate, or harass any individual.

(v)

Construction

Nothing in this paragraph or paragraph (3) or (4) may be construed to prevent the disclosure of information to law enforcement or pursuant to a court order.

;
and

(C)

in subparagraph (C), by striking the period at the end and inserting including equitable remedies.;

(5)

by redesignating
paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and

(6)

by inserting after
paragraph (5) the following:

(6)

Enforcement

(A)

Authority

The Attorney General shall be responsible for the enforcement of the provisions of this section, including the prosecution of civil and criminal penalties provided for by this section.

(B)

Consultation

The Attorney General shall consult with the Director of the Office on Violence Against Women of the Department of Justice to develop policies and public education designed to promote enforcement of this section.

.

(d)

GAO study and
report

Section 833(f) of the International Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a(f)) is amended—

(1)

in the subsection
heading, by striking study and report.— and inserting
studies and
reports.—; and

(2)

by adding at the
end the following:

(4)

Continuing
impact study and report

(A)

Study

The Comptroller General shall conduct a study on the continuing impact of the implementation of this section and of section of 214 of the Immigration and Nationality Act (8 U.S.C. 1184) on the process for granting K nonimmigrant visas, including specifically a study of the items described in subparagraphs (A) through (E) of paragraph (1).

(B)

Report

Not later than 2 years after the date of the enactment of the Violence Against Women Reauthorization Act of 2013, the Comptroller General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report setting forth the results of the study conducted under subparagraph (A).

(C)

Data
collection

The Attorney General, the Secretary of Homeland Security, and the Secretary of State shall collect and maintain the data necessary for the Comptroller General to conduct the study required by paragraph (1)(A).

Applicability to
detention facilities operated by the department of homeland security

(1)

In
general

Not later than 180 days after the date of enactment of
the Violence Against Women Reauthorization Act of 2011, the Secretary of
Homeland Security shall publish a final rule adopting national standards for
the detection, prevention, reduction, and punishment of rape and sexual assault
in facilities that maintain custody of aliens detained for a violation of the
immigrations laws of the United States.

(2)

Applicability

The standards adopted under paragraph (1) shall apply to detention facilities operated by the Department of Homeland Security and to detention facilities operated under contract with the Department.

(3)

Compliance

The
Secretary of Homeland Security shall—

(A)

assess compliance
with the standards adopted under paragraph (1) on a regular basis; and

(B)

include the results of the assessments in performance evaluations of facilities completed by the Department of Homeland Security.

(4)

Considerations

In adopting standards under paragraph (1), the Secretary of Homeland Security shall give due consideration to the recommended national standards provided by the Commission under section 7(e).

(5)

Definition

As
used in this section, the term detention facilities operated under
contract with the Department includes, but is not limited to, contract
detention facilities and detention facilities operated through an
intergovernmental service agreement with the Department of Homeland
Security.

(d)

Applicability to
custodial facilities operated by the department of health and human
services

(1)

In
general

Not later than 180 days after the date of enactment of
the Violence Against Women Reauthorization Act of 2011, the Secretary of Health
and Human Services shall publish a final rule adopting national standards for
the detection, prevention, reduction, and punishment of rape and sexual assault
in facilities that maintain custody of unaccompanied alien children (as defined
in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C.
279(g))).

(2)

Applicability

The standards adopted under paragraph (1) shall apply to facilities operated by the Department of Health and Human Services and to facilities operated under contract with the Department.

(3)

Compliance

The Secretary of Health and Human Services shall—

(A)

assess compliance
with the standards adopted under paragraph (1) on a regular basis; and

(B)

include the results of the assessments in performance evaluations of facilities completed by the Department of Health and Human Services.

(4)

Considerations

In adopting standards under paragraph (1), the Secretary of Health and Human Services shall give due consideration to the recommended national standards provided by the Commission under section 7(e).

.

VIII

Data
collection

801.

Annual report
on immigration applications made by victims of abuse

(a)

In
general

Not later than
December 1, 2013, and annually thereafter, the Secretary of Homeland Security
shall submit to the Committee on the Judiciary of the Senate and the Committee
on the Judiciary of the House of Representatives a report that includes the
following:

(1)

The number of
aliens who—

(A)

submitted an application for nonimmigrant status under paragraph (15)(T)(i), (15)(U)(i), or (51) of section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) during the preceding fiscal year;

(B)

were granted such
nonimmigrant status during such fiscal year; or

(C)

were denied such
nonimmigrant status during such fiscal year.

(2)

The mean amount of
time and median amount of time to adjudicate an application for such
nonimmigrant status during such fiscal year.

(3)

The mean amount of
time and median amount of time between the receipt of an application for such
nonimmigrant status and the issuance of work authorization to an eligible
applicant during the preceding fiscal year.

(4)

The number of aliens granted continued presence in the United States under section 107(c)(3) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(c)(3)) during the preceding fiscal year.

(5)

A description of any actions being taken to reduce the adjudication and processing time, while ensuring the safe and competent processing, of an application described in paragraph (1) or a request for continued presence referred to in paragraph (4).

(6)

The numbers of
adjudicators and managers working in the VAWA Unit, the length each has served
on the unit, and the years of experience each has on domestic violence, sexual
assault, human trafficking and crime victimization issues.

(7)

A
description of the training VAWA Unit adjudicators and managers received that
fiscal year on domestic violence, sexual assault, human trafficking and crime
victimization and VAWA confidentiality issues.

(8)

A
description of the training Immigration and Customs Enforcement and Customs and
Boarder Patrol enforcement agents and Immigration and Custom’s Enforcement
trial attorneys and chief counsel mandatorily receive and optionally receive
on—

the Department of
Homeland Security broadcast message on VAWA confidentiality and the Central
Index System’s new 384 class of admission code;

(D)

U-visa
certification and T-visa endorsement by Department of Homeland Security
officials and State law enforcement; and

(E)

collaboration with
local law enforcement and victim services programs on VAWA self-petitioning,
VAWA cancellation of removal, U-visa and T-visa cases.

(9)

The number of VAWA confidentiality
violation complaints filed including—

(A)

the data on the types of complaints
filed;

(B)

each division in
which the employee works against whom the complaint was filed;

(C)

the outcome,
including any action taken on the complaint;

(D)

the mean and
median time between receipt of the complaint and culmination of action on the
complaint; and

(E)

the report shall
not include any personally identifying information about the complainant, the
person against whom the complaint was filed, or any witnesses.

(10)

The degree of
compliance with the Prison Rape Elimination Act of 2003, as amended by this
Act, achieved by each detention facility operated by the Department of Homeland
Security and each detention facility operated under contract with the
Department during the preceding fiscal year.

(11)

The number of
reports alleging sexual abuse filed at each detention facility operated by the
Department of Homeland Security and each detention facility operated under
contract with the Department during the preceding fiscal year, including an
indication of the number of reports sustained at each facility.

(b)

Reporting
requirement

Not later than December 1, 2012, and annually
thereafter, the Legal Services Corporation shall submit a report to the Senate
Committee on the Judiciary and the House Committee on the Judiciary identifying
the following:

(1)

Steps taken to
consult with and include programs serving victims of domestic violence, dating
violence, sexual assault, and stalking, population specific programs,
culturally specific programs, and representatives from underserved populations
in community consultations used to determine what services each Legal Services
Corporation funded program provides.

(2)

Steps taken by the
Corporation to implement and provide training to programs funded by the
Corporation on the provisions of section 104 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005.

(3)

The number and proportion of programs
receiving funding from the Corporation that have implemented policies and
procedures (including those for intake and screening) designed to ensure that
victims described in section 104 of the Violence Against Women and Department
of Justice Reauthorization Act of 2005 are able to access legal assistance from
the program.

(c)

Study

The
Comptroller General of the United States shall conduct a study—

(1)

on the impact of
section 384 of the Illegal Immigration Reform and Immigration Responsibility
Act (IIRAIRA) (8 U.S.C. 1367) and section 239(e)(1) of the Immigration and
Nationality Act (8 U.S.C. 1229(e)(1)) and the VAWA confidentiality protections
generally, including in particular—

(A)

the annual number
of aliens receiving certification subject to 239(e)(1) of the Immigration and
Nationality Act (8 U.S.C. 1229(e)(1)); and

(B)

the annual number of aliens described in
section 384 of IIRAIRA and cases contained in the computerized section 384
confidentiality system who—

(i)

have
been issued notices to appear by the Department of Homeland Security;

(ii)

have pending
cases in immigration proceedings;

(iii)

have orders of
removal issued against them;

(iv)

have been issued
immigration detainers; or

(v)

have
been placed in detention by the Department of Homeland Security;

(2)

that examines the
extent to which the Attorney General, the Secretary of Homeland Security, the
Secretary of State, and local law enforcement agencies participating in the
program under section 287(g) of the Immigration and Nationality Act, have
implemented policies, practices, or protocols that—

(A)

screen for victimization, eligibility for
humanitarian release, and eligibility for relief under sections 101(a)(15)(T),
101(a)(15)(U), 101(a)(27)(J), 101(a)(51), 106, 240A(b)(2), 244(a)(3) (as in
effect on March 31, 1997) of the Immigration and Nationality Act or section
107(b)(1)(E)(i)(II)(bb) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 710);

(B)

provide potential victims with information
about the forms of immigration relief listed in subparagraph (A);

(C)

result in T- and U-visa certification;
and

(D)

are designed to
ensure that immigrant victims are not subjected to immigration enforcement
related to the perpetrator’s actions or communications;

(3)

that reports on the number of section
298(g) jurisdictions that have memoranda of understanding with the Secretary of
Homeland Security requiring practices that result in T- and U-visa
certifications and compliance with VAWA confidentiality protections by officers
and departments participating in the section 287(g) program; and

(4)

that reports on
the proportion of Federal, State and local law enforcement agencies
that—

(A)

have designated an
individual to sign U-visa certifications;

(B)

have U-visa
certification policies or protocols; and

(C)

have received
training in—

(i)

U-visa
certification; and

(ii)

T-visa
endorsement.

(d)

Report

Not
later than 2 years after the date of enactment of this Act, the Comptroller
General shall submit to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a report setting
forth the results of the study conducted under subsection (b).

(e)

Effective
date

The amendments made by this section shall take effect on the
date of the enactment of this Act.

802.

Data collection
and reporting

(a)

Annual report to
Congress

Not later than
December 1, 2012, and annually thereafter, the Secretary shall submit a report
to the Senate Committee on the Judiciary and the House Committee on the
Judiciary a report stating—

(1)

the number of persons (primary applicants
and derivative beneficiaries, total and by State) who have applied for, been
granted, or been denied a visa or a petition, adjustment of status, work
authorization, parole, naturalization or otherwise provided status under
paragraphs (15)(T)(i), (15)(U)(i), (27)(J), and (51) of section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)) and section 106 of such Act,
during the preceding fiscal year;

(2)

the number of requests for further evidence
issued for each case type described in subparagraph (1) during the preceding
fiscal year;

(3)

the mean and median time in which it takes
to adjudicate applications for relief, and adjustments of status submitted
under subparagraph (T)(i) or (U)(i), of section 101(a)(15), section
101(a)(27)(J), section 101(a)(51), and section 106 of the Immigration and
Nationality Act (8 U.S.C. 1101) during the preceding fiscal year;

(4)

the mean and median time between the
receipt of applications for visas submitted under subparagraph (T) or (U) of
section 101(a)(15), section 101(a)(27)(J), or section 101(a)(51) of the
Immigration and Nationality Act (8 U.S.C. 1101) and the issuance of work
authorization to eligible applicants during the preceding fiscal year;

(5)

the number of victims granted continued
presence in the United States under section 107(c)(3) of the Trafficking
Victims Protection Act of 2000 during the preceding fiscal year; and

(6)

any efforts being
taken to reduce the adjudication and processing time, while ensuring the safe
and competent processing of the applications described in subsections (a), (b),
(c), and (d) of this section.